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Case ID: 7882

Classification: Burning - Fire or Fireworks

Animal: dog (non pit-bull)

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Case #7882 Rating: 3.0 out of 5

Dog doused in gasoline, set on fire
Rancho Cucamonga, CA (US)

Incident Date: Thursday, Mar 23, 2006
County: San Bernardino

Charges: Felony CTA
Disposition: Convicted

Defendant/Suspect: Micah L. Fennell

Case Updates: 5 update(s) available

A man faces felony criminal charges for allegedly dousing his uncle's female collie with gasoline and setting it on fire during a family argument, officials said.

Micah Fennell, 27, was charged on March 29 with arson and animal cruelty in connection with the March 23 incident, prosecutors said.

"The majority of the dog's fur was burned, and she suffered burns over most of her body, from her neck to her tail," Deputy District Attorney Deborah Ploghaus said.

Deputies who responded to a 911 call from Fennell's home found clumps of burned hair inside and outside the house, according to reports. They eventually found the dog upstairs.

She survived despite suffering widespread second-degree burns.

He told authorities the dog was injured when it ran through a fire he was lighting in his garage, according to reports of the incident.

Fennell is to be arraigned on the felony charges May 4 in West Valley Superior Court.

Case Updates

On February 12, 2007, Micah Fennell was sentenced to 22 days in jail and five years supervised probation. He has been ordered to complete mandatory counseling, and is prohibited from owning or caring for animals during the probationary period.

Fennell could have faced up to 16 months in state prison for the March 23, 2006 incident in which he allegedly doused his uncle's female collie with gasoline and set it on fire during a family argument.

"The majority of the dog's fur was burned, and she suffered burns over most of her body, from her neck to her tail," Deputy District Attorney Deborah Ploghaus said.

"This is not an easy case," Judge Shahla Sabet said during a hearing in West Valley Superior Court. "Obviously it has an emotional impact on anyone who hears it."

The collie, named Brown, survived the ordeal despite suffering widespread burns.

Source: Case # FWV 037537
Update posted on Feb 14, 2007 - 8:16PM

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A man who poured gasoline on his family's dog and set it on fire will spend the next 90 days in state prison undergoing psychological examinations.

A judge ordered the evaluation of Micah Fennell, 28, on Wednesday, saying she would use the results to help her decide how severely to punish the Rancho Cucamonga man for his crimes.

"This is not an easy case," Judge Shahla Sabet said during a hearing in West Valley Superior Court. "Obviously it has an emotional impact on anyone who hears it."

The collie, named Brown, survived the March 23 torching despite suffering widespread burns.

Fennell doused the dog with fuel and lit it on fire with a lighter during a family dispute.

He pleaded guilty in July to felony arson and animal cruelty charges. He faces anything from probation to 16 months in state prison under the terms of his plea.

Fennell has remained out of custody since the incident.

That ended on Wednesday, however, when he was led out of the courtroom by bailiffs at the end of the hearing to immediately begin his 90-day prison stint.

Fennell's attorney, David Goldstein, had asked the judge to sentence Fennell to probation with some jail time to be served on weekends. He said Fennell has no criminal history, the support of a family and no chance of doing anything like this again.

Deputy District Attorney Carlo DiCesare, meanwhile, argued Fennell deserves the maximum 16-month prison term, saying the burning of the docile dog "shocks the conscience."

"The defenselessness of the animal should be considered in this case," the prosecutor said.

Sabet said she generally grants probation to most first-time felons in hopes it will help them get their lives back on track.

She said she is hesitant to do that with Fennell, however, because he committed such an "incredibly cruel act" against a helpless animal.

"I would not categorize this as a run-of-the-mill first felony," she told Fennell. "It seems you started with a big bang."

The judge said she will still consider sentencing Fennell to probation if reports from his psychological examinations are positive. Otherwise, it will be more state prison time for him, she said.

Goldstein protested the judge's decision to send Fennell to prison for mental examinations, claiming the tests had little likelihood of shedding any light on the case.

"He needs help, he has already sought counseling," Goldstein told the judge. "He doesn't need to go to state prison to have that done."

Sabet then gave Fennell a choice: He could either undergo 90 days of psychological tests in prison, come back to court and have a chance at receiving a sentence of probation, or she would forgo the examination and simply sentence him to the maximum 16 months behind bars.

Fennell chose the first option.

He will return to court Feb. 12 to be sentenced.

Source: Daily Bulletin - Nov 9, 2006
Update posted on Nov 9, 2006 - 7:19AM

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A Rancho Cucamonga man pleaded guilty to felony arson and animal cruelty charges for dousing his family dog with gasoline and setting it on fire.

Micah Fennell faces a punishment ranging from probation to 16 months in state prison when he returns to court Sept. 7 to be sentenced.

Fennell, 28, worked out his plea with Judge Shahla Sabet on Wednesday in West Valley Superior Court.

Prosecutors objected to it because Fennell could get probation and spend no time behind bars.

''We wanted guaranteed state prison time,'' Deputy District Attorney Carlo DiCesare said. ''We think he deserves it.''

Fennell's attorney could not be reached for comment Thursday.

The collie, named Brown, survived the torching despite suffering widespread second-degree burns.

Investigators said Fennell poured gasoline on the dog March 23 during a family argument and then lit it with a butane lighter.

Deputies and firefighters who were called to the house could not find the dog until they followed a trail of burned hair to an upstairs room.

San Bernardino County animal control officials initially returned Brown to the family, but then took the dog back after an outcry from animal rights activists.

DiCesare said Fennell's family is not expected to try to get the dog back again.

The arson charge alone could have landed Fennell in prison for as many as three years.

DiCesare said the judge told Fennell she would not sentence him to more than 16 months in prison if he pleaded guilty as charged.

The prosecutor said he will ask the judge to impose the full 16 months. He said he expects Fennell's lawyers to ask for probation.

Source: Daily Bulletin - June 30, 2006
Update posted on Jun 30, 2006 - 1:22AM

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A badly burned dog was back in the custody of animal control officers on April 3, 2006 after a national animal rights group bombarded county officials with complaints for returning it to the home where it allegedly was abused. Authorities say the collie was doused with gasoline and set on fire last month by its owner's 27-year-old son during a family argument. It was returned to the owner afterward.

San Bernardino County animal control officers took the dog back on March 31, 2006, just hours after People for the Ethical Treatment of Animals posted an alert on its Web site urging supporters to besiege the county with complaints about the dog's safety. "We were going to make quite a stink," said PETA caseworker Martin Mersereau. "We were gearing-up for war here. Happily we didn't have to wage it."

San Bernardino County prosecutors filed arson and animal cruelty charges last week against Micah Fennell, of Rancho Cucamonga. They say Fennell lit the dog on fire with a butane lighter on March 23, 2006, causing it to suffer second-degree burns across much of its body. The dog, named Brown, belonged to Fennell's father. Fennell is to be arraigned on the charges May 4, 2006.

News reports of the charges made their way to PETA headquarters in Norfolk, Va. PETA inquired about the incident and learned the dog had been returned to its owner. The organization, fearing that the alleged abuser would have access to the animal, posted an "Action Alert" on its Web site urging its supporters to send complaints to Rancho Cucamonga and San Bernardino County officials.
The complaints began to pour in immediately. County supervisors received hundreds of phone calls, faxes and e-mails, some from as far away as Italy and Ireland. Rancho Cucamonga City Hall received more than 500 complaints. County Public Health Director James Felten, who supervises the county's animal care program, was among the recipients. He said they prompted him to immediately look into the matter. "I called PETA and thanked them for bringing this to my attention," he said.

Felten said Brown was initially returned home because its owner was genuinely distraught over what happened between the dog and his son. The owner had been providing proper veterinary treatment, he said. However, during a follow-up investigation on March 31, 2006, animal control officials determined it would be in the dog's best interest to remain in full-time veterinary care, Felten said.

The owner voluntarily released the dog to animal control officials pending the outcome of the criminal case against his son, Felten said. "We all felt, for now, we better see how things work out before we let the dog back into the home," he said. The dog is being treated an animal hospital in Montclair.

Source: Daily Bulletin - April 5, 2006
Update posted on Apr 4, 2006 - 9:44PM

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A letter was by the Program Manager of San Bernardino County Animal Care & Control Division in response to the flood of letters received on behalf of the victim in this case:

March 31, 2006

To All Interested Parties,

This letter is written in response to a recent "Animal Action Alert" that was posted on the website of PETA (People for the Ethical Treatment of Animals). The San Bernardino County Animal Care and Control Division filed a criminal complaint against Micah Fennell, 27, of Rancho Cucamonga, California. Mr. Fennell was arrested on March 23rd and subsequently released on $50,000.00 bail pending arraignment on two felony criminal charges.

The owner of the dog named "Brown", who was the victim of the above crimes, was actually Fennell's father Mr. Billie Fennell. Mr. Billie Fennell was devastated over the actions his son Micah had taken toward the beloved family pet. Mr. B. Fennell ensured Animal Care and Control Officials that "Brown" would receive appropriate and timely veterinary care and as of today was transporting "Brown" twice a day to the veterinarian's office to receive the necessary treatments for the injuries sustained.

Because of the commitment and assurance of Mr. B. Fennell to provide for his pet's care, Animal Health Investigator, Doug Smith decided it was appropriate for "Brown" to be returned to Mr. B. Fennell as the rightful owner. Again, as of today Brown has received appropriate veterinary care and treatment for her injuries.

Upon a follow-up investigation today, and after consulting with the treating veterinarians, it was determined that it would be in "Brown's" best interest to remain in onsite hospitalized care at the VCA Central Animal Hospital in Monclair, California. The veterinarians at VCA Central have agreed to hospitalize "Brown" until final disposition of this criminal complaint. Mr. B. Fennell has voluntarily released Brown to The San Bernardino County Animal Care and Control Division pending the final disposition of criminal matter.

The dog named Brown will remain at the veterinarian's office and in the legal custody of San Bernardino County Animal Care and Control until final disposition.

Respectfully,

Brian M. Cronin
Program Manager
San Bernardino County
Department of Public Health
Animal Care & Control Division

[email protected]
www.sbcounty.gov/acc

Update posted on Apr 3, 2006 - 6:28AM

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Dog doused in gasoline, set on fireRancho Cucamonga, CA (US)

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Dog doused in gasoline, set on fire
Rancho Cucamonga, CA (US)